BILL NUMBER: SB 1148	CHAPTERED  10/10/99

	CHAPTER   589
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 2, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 2, 1999
	AMENDED IN SENATE   APRIL 15, 1999

INTRODUCED BY   Senator Burton and Assembly Member Rod Pacheco

                        FEBRUARY 26, 1999

   An act to add Section 1352.5 to the Civil Code, and to amend,
repeal, and add Section 12955 of, and to add Section 12956.1 to, the
Government Code, relating to housing.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1148, Burton.  Housing discrimination:  restrictive covenants.
   (1) Existing law prohibits discrimination in housing through
restrictive covenants based on race, color, religion, sex, familial
status, marital status, disability, national origin, or ancestry.
The Davis-Stirling Common Interest Development Act regulates common
interest developments and defines the declarations and other
governing documents that govern the operation of common interest
developments and the associations that manage common interest
developments.
   This bill would provide that no declaration or other governing
document shall include a restrictive covenant in violation of these
provisions, and would require the board of directors of an
association that manages a common interest development, without
approval of the owners, to amend any declaration or other governing
document that includes a restrictive covenant prohibited by these
provisions.  The bill would also authorize specified persons to bring
a civil action for injunctive relief to enforce this prohibition
against including restrictive covenants, if after written notice an
association fails to delete the restrictive covenant within 30 days.

   The bill would also provide, operative January 1, 2001, that the
existence of a restrictive covenant constitutes prohibited
discrimination, regardless of whether the covenant is accompanied by
a statement that it is repealed or void.
   The bill would require a county recorder, title insurance company,
escrow company, real estate broker, real estate agent, or
association that provides a declaration, governing documents, or deed
with respect to a common interest development to any person, to
place a cover page over the document or a stamp on the first page of
the document containing a specified statement with respect to
prohibited restrictive covenants.  By increasing the duties of county
recorders, the bill would impose a state-mandated local program.
   The bill would require the county recorder to remove any blatant
racial restrictive covenant contained in any recorded document, upon
application, as specified.  The bill would make it a misdemeanor to
file a document for the express purpose of adding a racially
restrictive covenant, thereby imposing a state-mandated local program
by creating a new crime.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   (3) This bill would incorporate additional changes in Section
12955 of the Government Code proposed by SB 1098 and AB 1670, to be
operative if this bill and one or both of the other bills are enacted
and become effective on or before January 1, 2000, and this bill is
enacted last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1352.5 is added to the Civil Code, to read:
   1352.5.  (a) No declaration or other governing document shall
include a restrictive covenant in violation of Section 12955 of the
Government Code.
   (b) Notwithstanding any other provision of law or provision of the
governing documents, the board of directors of an association,
without approval of the owners, shall amend any declaration or other
governing document that includes a restrictive covenant prohibited by
this section to delete the restrictive covenant, and shall restate
the declaration or other governing document without the restrictive
covenant but with no other change to the declaration or governing
document.
   (c) If after providing written notice to an association requesting
that the association delete a restrictive covenant that violates
subdivision (a), and the association fails to delete the restrictive
covenant within 30 days of receiving the notice, the Department of
Fair Employment and Housing, a city or county in which a common
interest development is located, or any person may bring an action
against the association for injunctive relief to enforce subdivision
(a).  The court may award attorney's fees to the prevailing party.
  SEC. 2.  Section 12955 of the Government Code is amended to read:
   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against any person because of the race, color, religion, sex, marital
status, national origin, ancestry, familial status, or disability of
that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, marital status, national origin, ancestry, familial
status, or disability of any person seeking to purchase, rent or
lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, marital status, national origin,
ancestry, familial status, or disability or an intention to make any
such preference, limitation, or discrimination.
   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, or on any other basis prohibited by that section.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, marital status, national origin,
ancestry, familial status, or disability in the terms, conditions, or
privileges relating to the obtaining or use of that financial
assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part.  Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, marital status, ancestry,
disability, familial status, or national origin.
   (i) For any person or other organization or entity whose business
involves real estate-related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
marital status, national origin, ancestry, familial status, or
disability.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, marital status,
ancestry, disability, familial status, or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, familial
status, disability, or national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
familial status, marital status, disability, national origin, or
ancestry.  Discrimination includes, but is not limited to,
restrictive covenants, zoning laws, denials of use permits, and other
actions authorized under the Planning and Zoning Law (Title 7
(commencing with Section 65000)), that make housing opportunities
unavailable.
   Discrimination under this subdivision also includes the existence
of a restrictive covenant, regardless of whether accompanied by a
statement that the restrictive covenant is repealed or void.  This
paragraph shall become operative on January 1, 2001.
  SEC. 2.1.  Section 12955 of the Government Code is amended to read:

   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against any person because of the race, color, religion, sex, marital
status, national origin, ancestry, familial status, source of
income, or disability of that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, marital status, national origin, ancestry, familial
status, or disability of any person seeking to purchase, rent or
lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, marital status, national origin,
ancestry, familial status, source of income, or disability or an
intention to make any such preference, limitation, or discrimination.

   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, source of income, or on any other basis prohibited by
that section.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, marital status, national origin,
ancestry, familial status, source of income, or disability in the
terms, conditions, or privileges relating to the obtaining or use of
that financial assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part.  Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, marital status, ancestry,
disability, source of income, familial status, or national origin.
   (i) For any person or other organization or entity whose business
involves real estate related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
marital status, national origin, ancestry, source of income, familial
status, or disability.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, marital status,
ancestry, disability, familial status, source of income, or national
origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, familial
status, source of income, disability, or national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
familial status, marital status, disability, national origin, source
of income, or ancestry.  Discrimination includes, but is not limited
to, restrictive covenants, zoning laws, denials of use permits, and
other actions authorized under the Planning and Zoning Law (Title 7
(commencing with Section 65000)), that make housing opportunities
unavailable.
   Discrimination under this subdivision also includes the existence
of a restrictive covenant, regardless of whether accompanied by a
statement that the restrictive covenant is repealed or void.  This
paragraph shall become operative on January 1, 2001.
   (m) To use a financial or income standard in the rental of housing
that fails to account for the aggregate income of persons residing
together or proposing to reside together on the same basis as the
aggregate income of married persons residing together or proposing to
reside together.
   (n) In instances where there is a government rent subsidy, to use
a financial or income standard in assessing eligibility for the
rental of housing that is not based on the portion of the rent to be
paid by the tenant.
   (o) (1) For the purposes of this section, "source of income" means
lawful, verifiable income paid directly to a tenant or paid to a
representative of a tenant.
   (2) For the purposes of this section, it shall not constitute
discrimination based on source of income to make a written or oral
inquiry concerning the level or source of income.
   (p) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
  SEC. 2.2.  Section 12955 of the Government Code is amended to read:

   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against or harass any person because of the race, color, religion,
sex, marital status, national origin, ancestry, familial status, or
disability of that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, marital status, national origin, ancestry, familial
status, or disability of any person seeking to purchase, rent or
lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, marital status, national origin,
ancestry, familial status, or disability or an intention to make any
such preference, limitation, or discrimination.
   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, or on any other basis prohibited by that section.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, marital status, national origin,
ancestry, familial status, or disability in the terms, conditions, or
privileges relating to the obtaining or use of that financial
assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part.  Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, marital status, ancestry,
disability, familial status, or national origin.
   (i) For any person or other organization or entity whose business
involves real estate related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
marital status, national origin, ancestry, familial status, or
disability.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, marital status,
ancestry, disability, familial status, or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, familial
status, disability, or national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
familial status, marital status, disability, national origin, or
ancestry.  Discrimination includes, but is not limited to,
restrictive covenants, zoning laws, denials of use permits, and other
actions authorized under the Planning and Zoning Law (Title 7
(commencing with Section 65000)), that make housing opportunities
unavailable.
   Discrimination under this subdivision also includes the existence
of a restrictive covenant, regardless of whether accompanied by a
statement that the restrictive covenant is repealed or void.  This
paragraph shall become operative on January 1, 2001.
   (m) As used in this section, "race, color, religion, sex, marital
status, national origin, ancestry, familial status, or disability"
includes a perception that the person has any of those
characteristics or that the person is associated with a person who
has, or is perceived to have, any of those characteristics.
  SEC. 2.3.  Section 12955 of the Government Code is amended to read:

   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against or harass any person because of the race, color, religion,
sex, marital status, national origin, ancestry, familial status,
source of income, or disability of that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, marital status, national origin, ancestry, familial
status, or disability of any person seeking to purchase, rent or
lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, marital status, national origin,
ancestry, familial status, source of income, or disability or an
intention to make any such preference, limitation, or discrimination.

   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, source of income, or on any other basis prohibited by
that section.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, marital status, national origin,
ancestry, familial status, source of income, or disability in the
terms, conditions, or privileges relating to the obtaining or use of
that financial assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part.  Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, marital status, ancestry,
disability, source of income, familial status, or national origin.
   (i) For any person or other organization or entity whose business
involves real estate related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
marital status, national origin, ancestry, source of income, familial
status, or disability.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, marital status,
ancestry, disability, familial status, source of income, or national
origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, familial
status, source of income, disability, or national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
familial status, marital status, disability, national origin, source
of income, or ancestry.  Discrimination includes, but is not limited
to, restrictive covenants, zoning laws, denials of use permits, and
other actions authorized under the Planning and Zoning Law (Title 7
(commencing with Section 65000)), that make housing opportunities
unavailable.
   Discrimination under this subdivision also includes the existence
of a restrictive covenant, regardless of whether accompanied by a
statement that the restrictive covenant is repealed or void.  This
paragraph shall become operative on January 1, 2001.
   (m) To use a financial or income standard in the rental of housing
that fails to account for the aggregate income of persons residing
together or proposing to reside together on the same basis as the
aggregate income of married persons residing together or proposing to
reside together.
   (n) In instances where there is a government rent subsidy, to use
a financial or income standard in assessing eligibility for the
rental of housing that is not based on the portion of the rent to be
paid by the tenant.
   (o) As used in this section, "race, color, religion, sex, marital
status, national origin, ancestry, familial status, or disability"
includes a perception that the person has any of those
characteristics or that the person is associated with a person who
has, or is perceived to have, any of those characteristics.
   (p) (1) For the purposes of this section, "source of income" means
lawful, verifiable income paid directly to a tenant or paid to a
representative of a tenant.
   (2) For the purposes of this section, it shall not constitute
discrimination based on source of income to make a written or oral
inquiry concerning the level or source of income.
   (q) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
  SEC. 2.5.  Section 12955 is added to the Government Code, to read:

   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against any person because of the race, color, religion, sex, marital
status, national origin, ancestry, familial status, or disability of
that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, marital status, national origin, ancestry, familial
status, or disability of any person seeking to purchase, rent or
lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, marital status, national origin,
ancestry, familial status, or disability or an intention to make any
such preference, limitation, or discrimination.
   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, or on any other basis prohibited by that section.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, marital status, national origin,
ancestry, familial status, or disability in the terms, conditions, or
privileges relating to the obtaining or use of that financial
assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part.  Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, marital status, ancestry,
disability, familial status, or national origin.
   (i) For any person or other organization or entity whose business
involves real estate related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
marital status, national origin, ancestry, familial status, or
disability.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, marital status,
ancestry, disability, familial status, or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, familial
status, disability, or national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
familial status, marital status, disability, national origin, or
ancestry.  Discrimination includes, but is not limited to,
restrictive covenants, zoning laws, denials of use permits, and other
actions authorized under the Planning and Zoning Law (Title 7
(commencing with Section 65000)), that make housing opportunities
unavailable.
   Discrimination under this subdivision also includes the existence
of a restrictive covenant, regardless of whether accompanied by a
statement that the restrictive covenant is repealed or void.  This
paragraph shall become operative on January 1, 2001.
   (m) This section shall become operative on January 1, 2005.
  SEC. 2.6.  Section 12955 is added to the Government Code, to read:


12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against or harass any person because of the race, color, religion,
sex, marital status, national origin, ancestry, familial status, or
disability of that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, marital status, national origin, ancestry, familial
status, or disability of any person seeking to purchase, rent or
lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, marital status, national origin,
ancestry, familial status, or disability or an intention to make any
such preference, limitation, or discrimination.
   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, or on any other basis prohibited by that section.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, marital status, national origin,
ancestry, familial status, or disability in the terms, conditions, or
privileges relating to the obtaining or use of that financial
assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part.  Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, marital status, ancestry,
disability, familial status, or national origin.
   (i) For any person or other organization or entity whose business
involves real estate related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
marital status, national origin, ancestry, familial status, or
disability.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, marital status,
ancestry, disability, familial status, or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, familial
status, disability, or national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
familial status, marital status, disability, national origin, or
ancestry.  Discrimination includes, but is not limited to,
restrictive covenants, zoning laws, denials of use permits, and other
actions authorized under the Planning and Zoning Law (Title 7
(commencing with Section 65000)), that make housing opportunities
unavailable.
   Discrimination under this subdivision also includes the existence
of a restrictive covenant, regardless of whether accompanied by a
statement that the restrictive covenant is repealed or void.  This
paragraph shall become operative on January 1, 2001.
   (m) As used in this section, "race, color, religion, sex, marital
status, national origin, ancestry, familial status, or disability"
includes a perception that the person has any of those
characteristics or that the person is associated with a person who
has, or is perceived to have, any of those characteristics.
   (n) This section shall become operative on January 1, 2005.
  SEC. 3.  Section 12956.1 is added to the Government Code, to read:

   12956.1.  (a) As used in this section,  "association," "governing
documents," and "declaration" have the same  meanings as set forth in
Section 1351 of the Civil Code.
   (b) A county recorder, title insurance company, escrow company,
real estate broker, real estate agent, or association that provides a
declaration , governing documents, or deed to any person shall place
a cover page over the document or a stamp on the first page of the
document stating, in at least 20-point boldface red type, the
following:
   "If this document contains any restriction based on race, color,
religion, sex, familial status, marital status, disability, national
origin, or ancestry, that restriction violates state and federal fair
housing laws and is void.  Any person holding an interest in this
property may request that the county recorder remove the restrictive
covenant language pursuant to subdivision (c) of Section 12956.1 of
the Government Code."
   (c) Any person who holds any interest in the property that is the
subject of this document may require the county recorder to remove
any blatant racial restrictive covenant contained in any recorded
document associated with that property.  Any application to the
county recorder pursuant to this subdivision shall be in writing,
shall identify the document and the location within the document
where the restrictive covenant is located, and shall be accompanied
by any fee prescribed by the recorder, not to exceed the actual cost
of the required action.  The recorder shall carry out the required
action in a timely manner.
   (d) Any person who files a document for the express purpose of
adding a racially restrictive covenant is guilty of a misdemeanor.
The county recorder shall not incur any liability for filing such a
document.  Notwithstanding any other provision of law, a prosecution
for a violation of this subdivision shall commence within three years
after the discovery of the filing of the document.
  SEC. 4.  (a) Sections 2.1 and 2.5 of this bill incorporate
amendments to Section 12955 of the Government Code proposed by both
this bill and SB 1098.  Sections 2.1 and 2.5 shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2000, (2) each bill amends Section 12955 of the
Government Code, (3) AB 1670 is not enacted or as enacted does not
amend that section, and (4) this bill is enacted after SB 1098, in
which case Sections 2, 2.2, 2.3, and 2.6 of this bill shall not
become operative.
   (b) Section 2.2 of this bill incorporates amendments to Section
12955 of the Government Code proposed by both this bill and AB 1670.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2000, (2) each bill amends
Section 12955 of the Government Code, (3) SB 1098 is not enacted or
as enacted does not amend that section, and (4) this bill is enacted
after AB 1670, in which case Sections 2, 2.1, 2.3, 2.5, and 2.6 of
this bill shall not become operative.
   (c) Sections 2.3 and 2.6 of this bill incorporate amendments to
Section 12955 of the Government Code proposed by this bill, SB 1098,
and AB 1670.  Sections 2.3 and 2.6 shall only become operative if (1)
all three bills are enacted and become effective on or before
January 1, 2000, (2) all three bill amend Section 12955 of the
Government Code, and (3) this bill is enacted after SB 1098 and AB
1670, in which case Sections 2, 2.1, 2.2, and 2.5 of this bill shall
not become operative.
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
